...ture prices, and Enron was poised to take advantage. Enron Named America's Most Innovative Company By 1993, Enron had set up a number of limited liability special purpose entities that allowed Enron to hide its liabilities while growing its stock price. Analysts were already criticizing Enron for "swimming in debt," but the company continued to grow developing a large network of natural gas pipelines, and eventually moving into the pulp and paper and water sectors. Enron was named "America's Most Innovative Company" by Fortune for six consecutive years between 1996 and 2001. Misleading Financial Accounts Creative accounting allowed Enron to appear more powerful on paper than it really was. Special purpose entities subsidiaries that have a single purpose and that did not need – to be included in Enron's balance sheet were used to hide risky investment activities – and financial losses. Forensic accounting later determined that many of Enron's recorded assets and profitsere inflated, and in some cases, completely fraudulent and w nonexistent. Some of the company's debts and losses were recorded in offshore entities, remaining absent from Enron's financial statements. During the late 1990s and into the early 2000s, more and more special purpose vehicles were created that allowed the company to keep debts off the books and inflate assets. These entities, along with...
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...the whims of the current administration. “One thing is certain, the archbishop will talk as needed. He will not keep quiet,” Archbishop Emeritus Oscar Cruz told the Inquirer over the phone on Sunday. “This man is intelligent and courageous. He will exercise his [pastoral duties] and will put into action his qualifications.” Cruz said. Cruz cited a pronouncement that Villegas made amid the debate on the RH bill last year, which he noted “had angered the Palace.” “My dear youth, contraception is corruption. The use of government money, taxpayers’ money to give out contraceptive pills is corruption. Contraceptive pills teach us it is all right to have sex with someone provided you are safe from babies,” Villegas said then. Villegas’ statement denouncing President Aquino for supporting the RH measure was proof that he would continue to lead the Church in fighting other measures that would compromise Catholic values, Cruz said. “This means that he will speak when needed. He will speak his mind according to Church teachings,” he said. “I know what I am...
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...and quarterly reports that are filed. If the financial reports are discovered to be untrue, such acts of noncompliance are fines, imprisonment, or both, depending on the severity. The Act was designed for publicly traded companies only, in reaction to scandals such as Enron, WorldCom, and Tyco. These scandals cost investors billions of dollars when the companies collapsed, or the stocks plummeted. These companies altered or destroyed records, defrauded shareholders, or “cooked the books”. When a company cooks the books, it means that incorrect information has been used to create their financial statements. They manipulate earnings and expenses to improve the bottom line, or earnings per share (EPS). This manipulation of information is used to bring in new investors, keep the shareholders happy, attain a bonus, and reach their budget goals. Banks review these statements for loan applications. Investors and company managers use them to analyze how well the company is doing. Accounting and Manipulation Methods One way of manipulating the books is to capitalize the expenses. If a company gets a large contract for a service or product that expands over a period of time, the revenue should be expensed over the term...
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...EMBA - OT “GLOBAL LEGAL FRAMEWORK & STRATEGIES” INDIVIDUAL PAPER “ ENRON CASE” Name : Suharto NIM : 13262051 “ Analyze Enron’s Case as PTCV according to the 5 Theory in and Relation to Act no 40/2007” Executive Summary Piercing the corporate veil is the judicial act of imposing personal liability on otherwise immune corporate officers, directors, and shareholders for the corporation’s wrongful act (Black Law Dictionary). In other words, courts may pierce the "veil" that the law uses to divide the corporation (and its liabilities and assets) from the people behind the corporation. The veil creates a separate, legally recognized corporate entity and shields the people behind the corporation from personal liability. In Enron Case , mulltiple corporate governance mechanisms, both internal and external, failed to constrain the actions of Enron's management team: • In particular, Enron's board failed to oversee management and apparently did not understand the risks inherent in the firm's business strategy. • It also appears that several board members and the external auditor faced potential conflicts of interest that attenuated their role as monitors. • Further, the board, analysts (credit and equity), external auditors, and federal agencies failed to identify problems at Enron or did not respond to obvious signs that there were problems at the firm. • Finally, Enron's role as a dominant player in nascent and inefficient markets, afforded the firm's management the opportunity to...
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...1Top of Form Visit Ben & Jerry's Homemade Ice Cream website. After studying the information contained within this website, assess Ben & Jerry's record on meeting social responsibility goals? How does this company meet its discretionary responsibilities? Give examples of social responsibility actions taken by Ben & Jerry's, and outline them in a brief synopsis. Do you think that more businesses should adopt their strategy? Why, or why not? Please include the name of the person or question to which you are replying in the subject line. For example, "Tom's response to Susan's comment." Reply Quote Bottom of Form Message Unread Mark as Unread Message Not Flagged Set Flag 5 days ago Avery Coleman Email Author Avery's response to the Unit III Discussion Board COLLAPSE Top of Form Parent Post Ben & Jerry use Archie Carroll’s theory on business regarding being socially responsible. The company has an excellent record on being socially responsible. The company has several organizations and programs they contribute and donate to. The company meets its discretionary responsibilities by supporting same sex marriages, the growing peace-building movement, and supporting holding elected leaders more accountable to the people. They also support fair trade. This ensures small farmers in developing countries can compete and thrive in the global economy ("Ben & Jerry's", 2014). Ben & Jerry’s is also social responsible. They support mandatory genetically...
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...local or national newspaper. * Laura Nash Perspective Model: How would I view the issue if I stood on the other side of the fence? What am I trying to accomplish? Can I discuss my decision with friends, family, and those closest to me? * The Golden Rule: “Do unto others as you would have them to unto you. This requires one to apply the same standards of fairness and equity to their own actions that they would demand from others. * Utilitarianism: Judges the rightness or wrongness of actions and decisions based on CONSEQUENCES. Seek those alternatives that produce the greatest amount of good for the greatest number of people. * ------------------------------------------------- Distributive Justice: John Rawls (American Liberal Philosopher)Justice occurs when all individuals get what they...
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...Somali City, Democratic Republic of Calona under the Calona-Nolania Bilateral Investment Treaty ------------------------------------------------- Wayne Electronics.........................................................................................................Claimant v. Democratic Republic of Calona……........................................................................Respondent ------------------------------------------------- (Arb/Cas/12/35) ------------------------------------------------- ------------------------------------------------- Memorandum for Respondent ------------------------------------------------- Table of Contents Table of Abbreviations I Index of Authorities IV Statement of Jurisdiction XI Statement of Facts XII Questions Presented XV Summary of Pleadings XVI Arguments Advanced 1 I. The Tribunal Does Not Have Jurisdiction Over The Claims Brought Before It. 1 A. The undertaking of the Claimant does not amount to an investment. 1 B. The Tribunal does not have jurisdiction over contractual matters. 2 1. The Tribunal does not have jurisdiction over contractual disputes because of an exclusive dispute resolution clause. 2 2. The terms of the contract are broad enough to incorporate associated claims. 3 3. Arguendo, if both forums have jurisdiction, the one under the contract should prevail. 3 C. Contract breaches do not lead to a violation of BIT in the present matter. 4 1. The acts of the Respondent...
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...Another defendant that was accused of violating the Sherman Act’s provisions with its refusals to deal with the unreasonable restraints on trade. Facts: In Portland, Oregon, representatives of hotels, restaurants and other business entities organized an association to attract potential conventions to their respective city. While at the convention, members were asked to make contributions equal to one percent of their sales in order to help finance. To help bolster their collections, hotel members, including the defendant Hilton Hotel Corp., agrees to give preferential treatment to the suppliers who paid their assessments. But for those who did not pay, actions were set in motion to help decrease the purchases from those particular suppliers. Procedure: The court found that the evidence was clearly sufficient to establish that the defendant hotels agreed to prefer suppliers who paid contributions over those who did not. The primary purpose and direct effect of the defendant’s actions was to bring the combined power of the hotels against those suppliers who did not pay. A corporation is liable for acts of its agents within the scope of their authority even when done against company orders. The court affirmed the ruling due to the fact that the purchasing agent exercised complete authority. The defendants appealed the ruling. Issue: Is...
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...The prosecutor may request that the corporation waive the attorney-client and work product privileges, make employees and agents available for debriefing, disclose the results of its internal investigation, file appropriate certified financial statements, agree to governmental or third-party audits, and take whatever other steps are necessary to ensure that the full scope of the corporate wrongdoing is disclosed and that the responsible culprits are identified and, if appropriate, prosecuted. The U.S. Supreme Court has upheld plea agreement as an appropriate method of resolving criminal cases, describing it as an essential component of the administration of justice. A defendant, however, does not have a constitutional right to receive a plea offer from the prosecutor and a prosecutor who prefers to go to trial has no obligation to initiate a plea...
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...Becker CPA Review, PassMaster Questions Lecture: Regulation 7 CPA PassMaster Questions–Regulation 7 Export Date: 10/30/08 1 © 2009 DeVry/Becker Educational Development Corp. All rights reserved. Becker CPA Review, PassMaster Questions Lecture: Regulation 7 Agency CPA-01299 Type1 M/C A-D Corr Ans: C PM#1 R 7-01 1. CPA-01299 Lw R02 #5 Page 12 Lee repairs high-speed looms for Sew Corp., a clothing manufacturer. Which of the following circumstances best indicates that Lee is an employee of Sew and not an independent contractor? a. b. c. d. Lee's work is not supervised by Sew personnel. Lee's tools are owned by Lee. Lee is paid weekly by Sew. Lee's work requires a high degree of technical skill. CPA-01299 Explanation Choice "c" is correct. A clear example of an employee is one who works full time for the employer, uses the employer's tools, is compensated on a time basis, and is subject to supervision of the employer in the details of the work. A clear example of an independent contractor is one who has a calling of his own, who uses his own tools, is hired for a particular job, is paid a given amount for the job, and follows his own discretion. Thus, payment on a weekly basis is an indication that a person is an employee rather than an independent contractor. Choice "a" is incorrect. If Lee's work is not supervised by Sew's personnel, per the above, that would be an indication of independent contractor status. Choice "b" is incorrect. Per the above, Lee's...
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...F&S pp. 1-22 The Administrative Procedure Act - Act, Chart and Sample Rule The Grouper Handout and the APA §553 §553 doesn’t say where the rule comes from (i.e. employee of the U.S. or anything), but does say publish in the federal register. §553(b) §553(b)(1) - time/place/etc/nature. The grouper rule - March 4, 1992, to the mailroom, by mail = time, place, nature. Does this constitute a “hearing”? Its called a paper hearing and satisfies §553. §553(b)(2) - authority. Grouper - Magnuson Fishery . . Act. Note, they cite to their own rule; generally an agency must follow its own rules (notice exceptions). 553(c) - interested persons must have an opportunity to participate, (concise general statement) §553(d) - publish 30 days before effective...
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...Effect of unethical article ACC 291 June 27, 2013 Julio Medina The unethical behavior of Enron Corporation The unethical habits and behavior's in accounting would be deceptive under financial analysis such as gainings, misuses of fundings, overstating the value of corporate assets or underreporting the existence of liabilities, overdoing revenue as well as understanding expenses. Another unethical systems would be securities fraud, manipulation of the financial markets and bribery. Enron is one of the greatest example that impact the unethical behavior. Enron corporation was an American energy company was formed from the merger of Houston Natural Gas including the inter north a Nebraska pipeline company. Enron employed around 21,000 people and was one of the worlds leading natural gas, pulp, electricity, and communications companies. Enron reported financial situations of were the company constant of institutionalized systematic planning accounting fraud having rumors of corruption to secure contracts in central America. Enron's ethics of coding was created on respect, integrity, communication, and excellence. These values were described as follows. Respect. We treat others as we would like to be treated ourselves. We do not tolerate abusive or disrespectful treatment. Ruthlessness, callousness and arrogance don’t belong here. Integrity. We work with customers and prospects openly, honestly and sincerely. When we say we will do something, we will do it; when we say we...
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...Case Study of the LJM2 Partnership in the Powers Report Criminal Justice 331 Professor Vaurio February 04, 2009 Case Study of the LJM2 Partnership in the Powers Report LJM, which stands for Lea, Jeffrey, Michael, the names of Andrew Fastow's wife and children, was a company created in 1998 by Enron's CFO, Andrew Fastow, to buy Enron's poorly performing stocks and stakes and bolster Enron's financial statements. Fastow proposed in October 1999 to Enron's finance Board the creation of LJM2 Co-Investment L.P. Fastow would act as general director of a much larger private equity fund that would be funded with $200 million of institutional funds. The question of Fastow’s dual role as Enron's CFO and LJM2's general director was not viewed as a conflict of interest was easily laid aside. LJM2, which is a partnership created to buy assets owned by the Enron Corporation to help move debt off of the balance sheet and transfer risk for their other business ventures. These Special Purpose Entities (SPEs) was established to keep Enron's credit rating stay high, which was very important in their fields of business. A special purpose entity is a trust, corporation, limited partnership, or other legal vehicle authorized to carry out specific activities as enumerated in its establishing legal document. LJM2 entered into 26 deals with Enron to help the company move debt and assets off its books. The SPEs provides its sponsor with financing and liquidity while...
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...Becker CPA Review, PassMaster Questions Lecture: Regulation 7 CPA PassMaster Questions–Regulation 7 Export Date: 10/30/08 1 © 2009 DeVry/Becker Educational Development Corp. All rights reserved. Becker CPA Review, PassMaster Questions Lecture: Regulation 7 Agency CPA-01299 Type1 M/C A-D Corr Ans: C PM#1 R 7-01 1. CPA-01299 Lw R02 #5 Page 12 Lee repairs high-speed looms for Sew Corp., a clothing manufacturer. Which of the following circumstances best indicates that Lee is an employee of Sew and not an independent contractor? a. b. c. d. Lee's work is not supervised by Sew personnel. Lee's tools are owned by Lee. Lee is paid weekly by Sew. Lee's work requires a high degree of technical skill. CPA-01299 Explanation Choice "c" is correct. A clear example of an employee is one who works full time for the employer, uses the employer's tools, is compensated on a time basis, and is subject to supervision of the employer in the details of the work. A clear example of an independent contractor is one who has a calling of his own, who uses his own tools, is hired for a particular job, is paid a given amount for the job, and follows his own discretion. Thus, payment on a weekly basis is an indication that a person is an employee rather than an independent contractor. Choice "a" is incorrect. If Lee's work is not supervised by Sew's personnel, per the above, that would be an indication of independent contractor status. Choice "b" is incorrect. Per the above, Lee's...
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...Constitutional Law- Supremacy Clause- “This Constitution, and the laws of the United States which shall be made in pursuance thereof…… shall be the Supreme law of the Land; and the Judges in every state shall be bound thereby …..” Article VI Judicial Review- U.S. Constitution doesn’t provide that federal courts can declare a statute unconstitutional and void, but they can./Marbury v. Madison, 1803 introduced judicial review Activism v. Restraint- Over time, not a liberal vs. conservative issue.In the early days of the New Deal, judicial activism was responsible for striking down progressive measures. Originalism v. Living- When interpreting the Constitution, ask what the people who wrote it – or wrote the amendments – understood the provisions to mean. VS. To interpret the Constitution look to the language in the document and the understanding of the framers, but do so in light of the long history of common law which preceded and followed it. That gives you a mechanism for applying the document to situations which could never have been envisioned when the Constitution was written. Public v. Private Action- Companies and individuals can’t deprive you of your Constitutional rights, only a govt can. Commerce Clause- “The Congress shall have Power ……… To regulate Commerce with foreign Nations, and among the several States …….”Article 1, Section 8 Affordable Healthcare Act- Nat. Fed. of Independent Businesses v. Sibelius (2012)/Focus: The individual mandate – a requirement...
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